Robert Dale Gray v. Samuel A. Lewis
Court of Appeals for the Ninth Circuit
1Opinion of the Court
LEAVY, Circuit Judge:
Robert Dale Gray, an Arizona prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. In 1978, Gray was acquitted of first-degree rape but convicted of second-degree rape on an indictment alleging forcible rape. In 1981, this court found that the state had violated due process by not providing Gray with adequate notice of the age of the victim as an element of the second-degree rape charge, and granted his petition for a writ of habeas corpus. See Gray v. Raines, 662 F.2d 569 (9th Cir.1981) {“Gray I”).
We found in Gray I that:
What makes…
2Cases cited9 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Illinois v. VitaleSupreme Court of the United States · 1980
- Robert Dale Gray v. Robert RainesCourt of Appeals for the Ninth Circuit · 1981
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3Cited by9 opinions
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- People of the Territory of Guam v. Vincent T. TedtaotaoCourt of Appeals for the Ninth Circuit · 1990
- Gomez v. CastroCourt of Appeals for the Ninth Circuit · 2002
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